New Mexico Supreme Court

In Re Rescue Ecoversity Petition Claude D. Convisser, Petitioner-Respondent v. Ecoversity, Prajna Foundation, And…

August 15, 20134 N.M. 597

Summary

The New Mexico Supreme Court held that determining whether a citizen‑initiated grand jury petition meets the constitutional requirement of signatures from registered voters is a judicial function exercised at the district court’s discretion, and that the district court did not abuse that discretion in rejecting Claude Convisser’s petition. The Court also rejected the Court of Appeals’ three‑step burden‑shifting procedure and affirmed the district court’s denial. Accordingly, it reversed the Court of Appeals and affirmed the lower court’s decision.